International Referred Research Journal,October, 2011,ISSN-0975-3486, RNI: RAJBIL 2009/30097, VOL-III *ISSUE 25

Research PaperSociology
Live-in-Relationship
A Curse or Need of the Hour
October, 2011 * Dr G L Sharma ** Dr Y K Sharma
*-**Shanti-kuteer" 81,Vishvesariya Vistar,Triveni Nagar, Jaipur (Raj.)
Live-in-relationship is a de facto union in which couple believe in having such a relationship instead of legally,
shares common bed-room without solemnizing mar- religiously and socially sanctioned marriage? There
riage. In fact it is non-marital relationship prevailing may be many answers to it such as-
in West with the name of common law marriages, 1. It is the part of young men and women who are away
informal marriages or marriage by habit, deemed mar- from home especially abroad without any family or
riages etc. It is a form of interpersonal status which is local guardians for studies or work. The country's open
legally recognized in some jurisdictions as a marriage culture forced them to adopt this relationship for emo-
even though no legally recognized marriage ceremony tional support and to mitigate the finances. In India
is performed or civil marriage contract is entered into this trend is prevalent mostly in cosmopolitan cities in
or the marriage registered in a civil registry. These circles where people work in advertising, hotel, air-
deemed marriages are legally binding in some coun- lines or people in the art industry - music, theatre etc.
tries but have no legal consequences in others. 2. Some time couples move in together mainly because
Some characteristics of live-in-relationship are: they are in love and they want to spend more time
1.These marriages are not solemnized. 2. Cohabita- together. But they know that their partners are not a
tion alone does not constitute such marriage. 3. The good match for a long-term relationship. Others want
couple must hold themselves out to the world as spouse to make sure that they are compatible before a lifetime
for a significant period of time. 4. There must be mutual commitment.
consent of the parties to the relationship constituting 3. Some couples who are engaged and soon to be mar-
a deemed marriage. 5. Both parties must be of legal ried also decide to move in together before the wedding
age to enter into a marriage. 6. Both parties must be to save the money for a wedding and do not want to pay
otherwise qualified to enter into a marriage. In India two rents.
these marriages have place neither in statutory law 4. However, some couples also might live-in together
nor in personal laws but the instances of such relation- if they decide not to get married or they figure out that
ships are growing day by day in the modern age of in due course they cannot marry each other because of
globalization. some legal hurdles.
Historical Background: 5. If an analysis is made of need of such relationships,
The concept of live-in-relationship is not new in avoiding responsibility would emerge as the prime
India. In ancient time it was known as "maitri - karar" reason. The lack of commitment, the disrespect of social
(friendship agreement) in which a written agreement bonds and the lack of tolerance in relationships have
was made between the people of two opposite sex that given rise to alternative to marriage.
they would live together as friends and look after each 6. For sake of independencies and privacy included in
other. The term live-in-relationship is defined neither such a relationship, someone would think it to be an
in dictionary nor in law. Live-in-relationship means a ideal move.
woman living with a man as husband and wife for a 7. Some couples who live together like gay and lesbian
reasonable period, without marrying him. In the words couples are prevented from marrying.
of an American Anthropologist "living together at Legal Perspective:
least five days a week for at least three months, not A man and woman of major age can live together
legally or religiously married, yet sexually intimate, without marriage and can share the same room and
with or without the goal of marriage in the future." bed without violating the provisions of criminal law.
These relationships are called and stigmatized as so- From the criminal law perspective it is said that co-
cially ambiguous and sexually exploitative relation- habitation is not a crime in India, if it is with their free
ships. consent. A person had induced a lady to have sexual
Causes of Such Relationship: intercourse with promise to marry her but subsequently
Whenever one thinks about live-in relationship refused to marry, it was held that no offence is commit-
the first question which comes in mind is, why couples ted because the cohabitation has taken place with the
57 RESEARCH AN ALYSI S AND EVALU ATION
International Referred Research Journal,October, 2011,ISSN-0975-3486, RNI: RAJBIL 2009/30097, VOL-III *ISSUE 25
consent of the girl. If a full grown up girl voluntarily tance of society that the parties live as husband and
agrees to cohabit on assurance of marriage, it is not wife. The illegitimate child can inherit the property to
rape. his mother only though the child of void and avoidable
Justice Mallimath Committee as well as the Law marriage is entitled to inherit the property. The
Commission of India states that if a woman has been offspring's of such relationship are as illegitimates so
in a live-in-relationship for a reasonable period, she they cannot inherit.
should enjoy the legal rights of the wife. The Commit- The Protection of Women from Domestic Violence
tee also recommended the amendment of the defini- Act 2005, under Section 2(f), all benefits is bestowed
tion of wife under Section 125 of the Criminal Proce- on woman living in such kind of arrangement by rea-
dure Code so that a woman live-in-relationship can son of being covered within the term "domestic rela-
get the status of a wife. tionship." Under the provision of section 27 of IPC
The Maharashtra cabinet, under the chairman- when continuous cohabitation for a number of years
ship of the then Chief Minister Vilasrao Deshmukh, between a male and a female is proved they are pre-
had approved the recommendations of the Committee sumed as husband and wife.
amidst of controversies. Although many have appre- Conclusion:
ciated, others opposed it saying that it will demolish In Indian traditional society the concept of live-in-
the sanctity of marriage; government has adopted relationship should be analysed in the light of patriar-
double standards and taken contradictory stands on chy, gender equality and sacramental nature of mar-
women's rights. The same government some time ago riage. The legal sanction for live-in relationships is
prohibited bar dancers who also deserve legal protec- meant to work to the advantage of women who become
tion. But still it is not a law even in Mahrashtra. victims of their circumstances, even if it was a matter
Live-in-relationship before marriage resembles of choice, it is based on the assumption that the rela-
"taking a car for a test drive". Recently the Honourable tionship is not between equals; therefore women need
Supreme Court of India held in the case of Tulsa v/s. protection by the courts from the patriarchal defini-
Durghatiya that a live-in-relationship should be treated tion of marriage and such relationships too. So far as
as equivalent to marriage is a clear proof that judiciary the legitimacy of children by live-in-relationship is
set to change the dynamics of such relationships and concerned, these children will have a right to their
has provided a base to accept such relationship. The parent's property. The stigma attached to illegitimacy
Mumbai and Delhi High Courts also upheld recently has often prevented the acknowledgement of such a
to sanctify live-in-relationship. child and hence accorded a socially peripheral status
There is no marriage in the eye of law if it is not to such children. In many countries it is sanctioned
solemnized with necessary ceremonies (Section 6, mainly to legalize gay relationship. In India, since it
Hindu Marriage Act 1955). Marriage cannot be proved is not socially permissible, the law enacted for them by
by long cohabitation with each other, even the accep- those countries cannot act as guiding force.

R E F E R E N C E
* Amitava Bhattacharya v/s. Smt. Aparana Bhattacharya AIR 2009 (NOC) 2410; * S.M.Syed Abdul Basith v/s. Assistant Commissioner of
Police AIR 2009 (NOC).* Sharma, Dr G L & Dr Y K Sharma, (2008), "Social Anthropology", Jaipur: University Book House Pvt. Ltd. ISBN
8181981707.* The Constitution of India.* The Hindu Marriage Act, 1955.
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